Doonesbury, 5 December 2005
An Investigator Calls
What you should know
before NSF OIG comes knocking
Michigan Technological University
12 February 2008
Scott J. Moore, Ph.D., J.D.
Investigative Scientist
Office of Inspector General (OIG)
 Almost every federal agency/entity has one
 Independent office for oversight
 Promote economy, efficiency, and effectiveness…
 Prevent and detect fraud, waste, and abuse…
…in agency programs and operations
 NSF OIG
 38 audit staff, 22 investigative staff
 Investigations staff includes:
Ph.D. scientists
Accountants (CPA)
Special Agents
Attorneys
Overview
 What does NSF OIG investigate?
 Research Misconduct (RM)
 Regulatory Violations
 Civil and Criminal Misconduct
 Where do you fit in?
 Investigation Committee Member?
 Witness?
 Subject?
 What happens at the end of the investigation?
What does NSF OIG investigate?
The simple answer
Allegations of:
Lying
Cheating
Stealing
NSF OIG Inquiries/Investigations
 Administrative
 Research Misconduct (RM)
 Conflict of interests (COI)
 Other regulatory violations and grant administration issues
 Civil/Criminal Misconduct
 False statements and False claims
 Embezzlement and other financial crimes
 Mail fraud and Wire fraud
More and more frequently we are
encountering “hybrid” cases
How does OIG know what to
investigate?
Allegations from
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Program officers
Reviewers
Colleagues
Students and post-docs
University administrators
People like you
Anyone with an interest
in what NSF funds
We take a look at things
 Proactive reviews
Research Misconduct (RM)
 Federal-wide definition and procedural framework.
 RM means fabrication, falsification, or plagiarism in
proposing or performing research [], reviewing
research proposals [] or in reporting research funded
by [the agency]. 45 C.F.R. 689.1.a
Fabrication:
making up data or
results and recording
or reporting them
Falsification:
manipulating materials,
equipment, or processes,
or changing or omitting
data or results
Plagiarism: appropriation
of another person’s ideas,
processes, results or
words without giving
appropriate credit.
 The misconduct must have
been done with at least
reckless intent.
 The act must be a
“significant departure from
accepted practices.”
 Honest error and mistake
are not research
misconduct.
 Preponderance of the
evidence
The RM Procedure
Allegation
Inquiry
Investigation
Decision
The Referral Process
Inquiries and Investigations may be referred to the institution
NSF Grant Conditions
If institution determines that an investigation is needed
it MUST notify NSF immediately
RM Case Examples from the NSF OIG
Semi-Annual Report to the Congress
 Falsification, Fabrication, and Plagiarism Found in a Single
Proposal (March 2005)
 PI Ignores Warning to Remove Plagiarized Text From His
Proposal (March 2006)
 PI’s Pattern of Plagiarism Continues
During OIG Investigation of His
Proposals (March 2006)
 PI Provides False Evidence to Refute
Allegation of Plagiarism (March 2006)
 Plagiarism Found in University
Professor’s Dissertation (March 2006)
More RM Case Examples . . .
 NSF Funded Postdoctoral Fellow Falsifies Research Data
(September 2006)
 Professor Reviews Proposal for NSF, Then Plagiarizes It Into
His Own Proposal (Sept 2007)
 Professor Plagiarizes in Four
NSF Proposals (Sept 2007 x 2)
 Student Claims “Laziness” Caused Him
to Fabricate/Falsify Data in Four Manuscripts
(Sept 2007)
Research Misconduct
allegations, investigations,
and findings are on the rise.
WHY?
www.lostinspacetv.com
DANGER,
Will Robinson,
DANGER
Useful Tidbits about RM
 Copyright permission/public domain has nothing to
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do with plagiarism
Text or ideas may be copied
Even paraphrasing requires citation
“NSF expects strict adherence to the rules of proper
scholarship and attribution” for the whole proposal
The author should be named in the proposal somewhere
All authors share the credit or allegation equally
unless evidence shows otherwise
More Useful Tidbits about RM
 Avoid “cleaning up” the figures
 If the editor requires it, get it in writing
 Report the “enhancements” in the paper/proposal
 Review your students’/postdocs’ data
 Keep good records / notebooks
 Keep raw data
Other Regulatory and Rule
Violations
 Human Subjects / Animal Welfare
 Violation of Reviewer Confidentiality
 Annual Financial Conflicts Disclosures
 Mismanagement of Funds
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Program Income
Participant Support
Travel-related issues
Time and effort reporting
Examples of Other Regulatory
Violations
 Human Subjects / Animal Welfare
 Cross-discipline research with humans
Example: A physical sciences award with
an education component for undergraduates
that tracks student career paths post-graduation
 IACUC and IRB Committees w/o assurances
Example: Institution with both an IRB and IACUC
without approved assurances loses award.
When Administrative cases turn Civil/Criminal . . .
Case 1: Plagiarizing the Thesis
 PI submitted his student’s thesis chapter as an
SBIR-1 proposal ($100K, 6 months)
from a non-existent company.
 When awarded, PI used the money to
pay his child’s tuition at an ivy league
institution and other personal expenses.
 PI copied the thesis into his final report
and proposal for the SBIR-2 award ($500K).
 University notifies OIG of plagiarism allegation
 PI denied everything.
BUT
His wife admitted everything
When Administrative cases turn Civil/Criminal . . .
Case 1: Plagiarizing the Thesis (cont.)
 NSF suspended the award
OIG issued subpoenas.
 OIG referred the case to DOJ, who accepted
it for prosecution.
When Administrative cases turn Civil/Criminal . . .
Case 1: Plagiarizing the Thesis (cont.)
 At a meeting with DOJ, the professor through his
attorneys agreed
1) Plead guilty to a criminal count (1001)
but wanted to avoid jail
2) Would pay $240,000
3) No action against wife
 NSF OIG recommended RM
finding and debarment.
Professor and NSF settled for
3 years voluntary exclusion from Federal funding.
When Administrative cases turn Civil/Criminal . . .
Case 2: “No” Means “No”
 PI asked NSF program officer for a second No Cost
Extension on the Award.
 NSF program officer declined the request in FastLane, in
writing, and by telephone.
 PI directed the finance officer to draw-down the award
balance of $32K although the costs had not been incurred.
FINAL OUTCOME: PI was debarred for five years.
Institution also paid NSF $52,000+ in restitution and
investigative costs.
“NSF Proposes to Debar PI for Five Years”
(NSF OIG SA Sept 2007)
Civil and Criminal Misconduct
from the NSF OIG Semi-Annual Report:
 Former Professor Indicted for Mail, Wire Fraud (March 2006)
 Embezzlement Investigation Uncovers Additional Issues with the
University’s Cost-Sharing and Award Accountability
(March 2006)
 Improperly Used Participant Support Funds Refunded to NSF
(September 2006)
 Former Research Center Employee Sentenced to Prison for Mail
Fraud (September 2007)
Civil and Criminal Misconduct:
Common Issues
 False Statements / False Claims
 Certifications are especially important
 Criminal sanctions – fines and jail
 Civil sanctions – up to treble damages possible
 Mail / Wire Fraud
 NSF FastLane system
What we don’t do
 General scientific ethics
 Academic Divorces
 Institutional personnel issues that do not violate
statutes, regulations, or grant conditions connected
with NSF programs
 Authorship disputes
i.e., Whose name goes on the paper? In what order?
However omission of a name could be intellectual property
theft, which we do investigate.
Where do you fit in?
Investigation Committee Member?
Witness?
Subject?
Investigation Committee (IC) Member
 Institution usually appoints
a committee
 Committee member obligations
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Follow the institutional policy
Explain the decision as supported by the evidence
Confidentiality
Avoid the Faculty / Student double standard
IC Issues #1
Institution conducted investigation finding that the PI
had knowingly and recklessly plagiarized over 150
lines of text from over 20 sources = “violation of
institutional standard of scholarly integrity”
BUT
said it was not a “significant departure from accepted
practices in the research community” as it was “low
level copying”
IC Issues #2
Institution conducted inquiry into data fabrication and
notified NSF OIG that it was proceeding with an
investigation. We concurred, referred, and deferred.
Subject got an attorney;
Institution changed mind citing many plausible
explanations for data
RESULT: OIG in-house investigation.
Subject debarred for 2 years, plus other requirements
before he can receive NSF funds again.
IC Lessons Learned
 The report and recommendations should be supported by
logic and evidence
 Don’t decide first and then fit the evidence to the decision
 Don’t let an attorney intimidate or confuse you
You have a University GC – make the GC earn his/her keep
 It’s not prime time TV –
You don’t have to solve it in an hour
 Inquiries are to determine whether an investigation is needed.
 Investigations are when you collect all the information.
 Generally, its preponderance of the evidence that’s needed.
Witness?
 Complainants are witnesses, not plaintiffs
 Witness obligations
CONFIDENTIALITY
TRUTHFULNESS
 Participation is voluntary and confidential to the
extent possible
Subject?
 Allegations are unsubstantiated rumors
Firewall between OIG and program office to prevent taint
 When possible in RM cases, subject is contacted first
Protect reputations until there is a determination
 If you go to your GC, understand his/her obligations
 Think before you speak
If the excuse doesn’t fly when your student uses it ...
 Your parents were right:
Tell the truth and the process goes much easier
What happens at the end of the
investigation?
 Matter could close for lack of evidence
Majority of allegations
If sufficient evidence:
 OIG reports to the decision maker:
 DOJ for Civil/Criminal
 NSF Office of the Director for RM and other
regulatory issues
 OIG makes recommendations
Possible Outcomes
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Whatever sanctions the institution makes
Letter of Reprimand
Ban from serving as a reviewer
Ethics Training
Certifications
Assurances
Federal-wide Debarment
Fines / Restitution
Prison
Contact Information
www.oig.nsf.gov
Hotline:1-800-428-2189
E-mail:oig@nsf.gov
Fax:(703) 292-9158
Mail:
4201 Wilson Boulevard
Suite II-705
Arlington, VA 22230
ATTN: OIG HOTLINE
Scott J. Moore, Ph.D., J.D.
Investigative Scientist
smoore@nsf.gov
703-292-4991
QUESTIONS?